徐明全 對 馬寶道華禮大廈業主立案法團

徐明全 對 馬寶道華禮大廈業主立案法團

Leave to appeal out of time was refused because the applicant's delay was very serious, the explanations were unreasonable and unsupported, and the proposed appeals had no real prospect of success since the Land Tribunal's interpretation of the deed and costs decision showed no legal error.

Source-derived case information.

Citation
[2023] HKCA 1283
Parties
Applicant: 徐明全; Respondent: 馬寶道華禮大廈業主立案法團
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 November 2023
Case Number
CAMP122/2023
Procedural Posture
Application for Leave to Appeal Out of Time / Appellate Determination Refusing Leave
Outcome
Application for leave to appeal out of time refused; originating summons dismissed
Legal Topics
Leave to Appeal, Extension of Time, Interpretation of Deed/management Deed, Service Charges and Management Fees, Building Management Ordinance, Costs Orders
Source Language
ch
Property Law Building Management Administrative Law Civil Procedure Costs Law Leave to Appeal Extension of Time Interpretation of Deed/management Deed +3 more

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Parties

徐明全

Applicant

馬寶道華禮大廈業主立案法團

Respondent

Procedural Posture

Application for Leave to Appeal Out of Time / Appellate Determination Refusing Leave

  1. 1 Whether to grant leave to appeal out of time
  2. 2 Whether the Land Tribunal erred in interpreting the building deed regarding provision of central air-conditioning and ventilation
  3. 3 Whether the management committee lawfully adjusted management fees under the deed

Ratio Decidendi

Leave to appeal out of time was refused because the applicant's delay was very serious, the explanations were unreasonable and unsupported, and the proposed appeals had no real prospect of success since the Land Tribunal's interpretation of the deed and costs decision showed no legal error.

Court Disposition

Application for leave to appeal out of time refused; originating summons dismissed

Orders

  • Refuse permission to appeal out of time against the Land Tribunal decisions
  • Dismiss the originating summons (revoking the applicant's writ)